iSelect Website Terms and Conditions of Use
This website is owned and operated by iSelect Fund Management, LLC and its affiliates, including iSelect Fund – St. Louis, LLC and iSelect Fund B – St. Louis, LLC (collectively, “iSelect”). iSelect may modify, suspend, discontinue, or restrict the use and availability of any portion of this website at any time, without notice or liability. iSelect also may monitor anyone’s use of this website and use the information for iSelect’s internal business purposes, without liability.
Limited License and Restrictions on Use of Materials
- Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this website, whether through links or otherwise (collectively, “Materials”);
- Redeliver any page, text, image or Materials on this website using “framing” or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) this website, (ii) any Materials or services provided through this website, or (iii) any systems, networks, servers, or accounts related to this website, including without limitation, using devices or software that provide repeated automated access to this website, other than those made generally available by iSelect;
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this website or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this website through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this website;
- Modify, copy, obscure, remove, or display iSelect’s name, logo, trademarks, text, notices or images without iSelect’s express written permission; or
- Include the term “iSelect,” or any iSelect trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship or endorsement by iSelect.
Data, Information and Content
The Materials on this website are for information, education, and noncommercial purposes only. Although iSelect may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities and/or mutual funds, you should not construe any such information or other content available through this website as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this website before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold iSelect or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this website. By providing access to other websites, neither iSelect nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website’s sponsoring organization.
Copyright Policy, Notice and Claim Information
All Materials on this website, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress and other rights therein, are owned or licensed by iSelect and its third-party information providers, and are protected by United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, iSelect designates an agent as described below to receive notifications of claimed copyright infringement by mail: Brian Hostetler, General Counsel, iSelectFund, 4240 Duncan Avenue, St. Louis, MO 63105. The designated copyright agent can also be reached by e-mail at email@example.com.
iSelect grants you a limited, revocable, nonexclusive right to create a hyperlink to this website (“Link”), provided you comply at all times with the following conditions (“Linking Conditions”):
- The Link must resolve to iSelect’s home page at http://iselectfund.com, which is unaltered in any way;
- The text of the Link must read “http://iselectfund.com.” You may not use any iSelect logo or graphic, or any other iSelect trademark, as part of the Link without iSelect’s express written permission; and
- The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and iSelect, including affiliation, endorsement, or sponsorship; (b) portray iSelect or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the website.
If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this website that is located one or several levels down from the homepages (known as “deep links”), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this website.
RSS and Podcast Feeds
iSelect grants you a limited, revocable, nonexclusive right to view, store, bookmark, access, download, display, create hyperlinks to and use the Really Simple Syndication and podcast feeds (collectively, “Feeds”) offered by iSelect solely for your personal, informational and noncommercial use or as otherwise authorized by iSelect in writing, provided you comply at all times with the following conditions:
- You may create a hyperlink to iSelect’s Feeds, provided that (a) the hyperlink is functional and resolves directly to the applicable iSelect website page, unaltered and unframed in any way; and (b) you provide attribution to the appropriate iSelect website in connection with your use of the Feeds. If you provide this attribution in text, the hyperlink must read “http://iselectfund.com.” If you provide this attribution with a graphic, you must use the graphic iSelect has incorporated into the Feeds, without alteration. Your right to use the above-referenced iSelect graphic is limited to providing attribution to iSelect in connection with the Feeds. You may not use any iSelect logo or graphic, or any other iSelect trademark, for any other purpose without iSelect’s express written permission;
- Any hyperlink to iSelect’s Feeds and the surrounding context on your site must not: (a) falsely represent or misrepresent any relationship between iSelect and you or your site, products or services or any third party or their site, products and services, including suggestions of affiliation, endorsement or sponsorship; (b) portray iSelect or its affiliates, or their products or services, in a false, misleading, derogatory or otherwise offensive manner or (c) display the content of iSelect’s Feeds in a manner that does not permit successful linking to, redirection to or delivery of the applicable iSelect website page; and
- You may not incorporate advertising into or targeted towards the content of iSelect’s Feeds or insert any intermediate page, splash page or other content or materials between any hyperlink to iSelect’s Feeds and the applicable iSelect website page.
Any uses of iSelect’s Feeds not granted herein are strictly prohibited. iSelect retains ownership of and all other rights in and to the Feeds, and any reports, data, information, content, software, files, products, services, links, trademarks, logos or other materials used in connection therewith. iSelect reserves the right, in its sole discretion, with or without cause, and without liability, to suspend, discontinue or modify any or all of its Feeds at any time and to immediately require you to cease accessing, displaying, or otherwise using any or all of the Feeds or the content of the Feeds.
iSelect will not be liable for any loss or damage arising from your use of or in connection with the Feeds.
User Content and License Grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the website (“User Content”). By submitting, uploading, posting, e-mailing, or transmitting User Content to the website, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the website. iSelect does not control and is not responsible for the User Content uploaded via the website, and iSelect neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the website.
You agree not to use the website to:
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward iSelect as an entity, iSelect employees, any iSelect products or services, or any iSelect Materials;
- harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the website;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
- submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity;
- submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.
You grant iSelect and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in iSelect’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. iSelect shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of iSelect that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
You acknowledge that iSelect and/or its vendors may or may not (but are not obligated to) monitor User Content, but that iSelect shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.
If you have any questions or comments about your iSelect investments or other customer service issues please contact us (see Contact Us tab).
Certain parts of this website may be protected by passwords or require a login. Further, for authentication purposes, certain features on this website may require you to answer a designated security question. You agree to provide iSelect with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this website to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this website, or to any other protected Materials or information, through any means not intentionally made available to you by iSelect.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this website, and for logging off of your account and any protected areas of the website. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact iSelect immediately. iSelect will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through this website may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
Intellectual Property Rights
All trademarks, service marks, and logos appearing on this website are the exclusive property of their respective owners.
All iSelect graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of iSelect. iSelect’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not iSelect’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits iSelect. Nothing contained on this website should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of iSelect.
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
Each investment product and service referred to on this website is intended to be made available only to U.S. residents. This website is not to be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
Any data and other materials appearing on this website that are provided by third parties are believed by iSelect to be obtained from reliable sources, but iSelect cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. iSelect is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this website via hyperlink. The fact that iSelect has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by iSelect with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that iSelect is not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.
Timeliness of Content
All content on this website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
You expressly understand and agree that:
Your use of this site is provided on an “as is” and “as available” basis. To the full extent permitted under applicable law, iSelect and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and any third-party information providers and vendors expressly disclaim all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose, and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability, with respect to (i) the site; (ii) any materials, products, or services available on or through the site; (iii) use of the site, materials, products, or services; and (iv) the results of the use of the site, materials, products, or services.
Further, iSelect and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and any third-party information providers and vendors expressly disclaim all warranties with respect to any delays or errors in the transmission or delivery of any materials, products, or services available through this site.
Except as provided by law, neither iSelect nor its third-party information providers and vendors has any responsibility to maintain the materials, products, or services offered on the site or to supply corrections, updates, or releases for the same.
To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
Liability and Indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER ISELECT NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF ISELECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF ISELECT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this website. iSelect may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
Integration and Severability
Applicable Law and Venue
March 30, 2015